Revisiting the Intellectual Property Dilemma: How Did We Get to a Strong WTO IPR Regime?
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AbstractThe increasingly robust protection ofIntellectual Property Rights
("IPRs') worldwide stems from the ever-increasing importance ofIPintensive
industries in international environments. However, IPR
protection and enforcement are bound both by national and
international IPR-related laws, policies, and practices. Since the
development of the United States' IPR system, there has been a
dramatic transformation ofIPR-protection modalities, from a soft one
based on "monopoly phobia" to a strong one in the absolute sense. The
United States has made it its aim to strong-arm the negotiations of the
Agreement on Trade-Related Aspects of Intellectual Property Rights
("TRIPS") provisions to obtain strong IPR protection. As for many
other World Trade Organization ("WTO") Members, attending the
multilateral IPR negotiations and then accepting the negotiating
results have seemingly become a strategic choice to circumvent the
United States' unilateral actions against IPR violations. Considering
the onerousness of the Doha Round Agenda, it will be significant if
future TRIPS reforms will avoid the dilemma caused by focusing
obsessively on strong IPR protection and enforcement.
Acceptance Date31/07/2017
All Author(s) ListJulien Chaisse, Xinjie Luan
Journal nameSanta Clara High Technology Law Journal
Year2018
Month2
Day1
Volume Number34
Issue Number2
Place of PublicationUS
Pages153 - 178
LanguagesEnglish-United States
KeywordsIP, WTO

Last updated on 2018-18-07 at 09:30